[2023:RJ-JD:30352] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Crml Leave To Appeal No. 72/2019 Ram Lal S/o Hira Ram Bishnoi, Aged About 45 Years, Village Janvi, Chitalwana Ps, Dist Jalore
----Appellant Versus
1. State Of Rajasthan, Through Pp
2. Dilip Kumar @ Dalla Ram S/o Jodha Ram Kalbi Choudhary, Kesuri, Sarwana Ps, Dist Jalore
----Respondents For Appellant(s) : Mr. B.R. Bishnoi For Respondent(s) : Mr. A.R. Choudhary, PP HON'BLE MR. JUSTICE FARJAND ALI Order 18/09/2023
1. Learned counsel for the appellant seeks adjournment to do the needful.
2. The prayer made by the learned counsel for the appellant is declined.
3. The instant criminal leave to appeal has been preferred against acquittal passed by learned Additional Sessions Judge after full-fledged trial. The case was instituted upon a police report. Though, after insertion of proviso to Section 372 of the Cr.P.C., an absolute right has been conferred upon the complainant/victim to prefer an appeal against judgment of the acquittal. But no such appeal has been preferred.
4. The leave petition is barred by limitation as it was filed belatedly, no application for condonation of delay has been filed. (Downloaded on 12/11/2023 at 06:03:22 AM)
[2023:RJ-JD:30352] (2 of 2) [CRLLA-72/2019]
5. The leave petition is pending before this Court since last four years and on several occasions time has been granted for filing the application under Section 5 of the Limitation Act. There is no provision under the Cr.P.C. or under any other prevailing law so as to enable this Court to grant further time to the petitioner for the purpose of filing an application under Section 5 of the Limitation Act. There is no force in the leave petition.
5. Accordingly, the instant criminal leave to appeal is dismissed. However, the petitioner would be at liberty to prefer an appeal under the proviso to Section 372 of Cr.P.C., if he desires to do so.
(FARJAND ALI),J 233-Samvedana/-
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